Paternity is legal fatherhood—and establishing it is one of the most important steps in the child support process. A man is generally presumed to be the father of children born to his wife during their marriage. The presumption of the husband’s paternity can be rebutted through court-ordered genetic testing. The circumstances under which paternity is presumed vary from state to state, and are usually included in a state’s statutes—often in the statutes grouped together and known as the family code.
In West Virginia, paternity is the legal recognition of a man as the father of a child. The state presumes that a man is the father of a child if the child is born during his marriage to the mother. This presumption can be challenged and potentially overturned with the use of genetic testing, which can be ordered by the court. Establishing paternity is crucial for matters such as child support, custody, and visitation rights. The specific rules and procedures for establishing or contesting paternity are outlined in West Virginia's family law statutes. These statutes detail the various methods by which paternity can be established, either voluntarily through acknowledgment by the father or involuntarily through legal action in court. It is important for individuals involved in paternity disputes or child support matters to consult with an attorney to understand their rights and obligations under West Virginia law.